Torrance Theft Attorney

Defending Against Fraud Charges in Los Angeles County

Pat Carey prosecuted almost every crime there is in California during his 8+ year tenure with the Los Angeles County District Attorneys Office. He even handled cases with the Major Fraud Division, involving wiretaps and some of the most complicated cases the county have ever seen.  He uses that insider experience to fight your case from the inside out.

Protecting Your Rights Against Fraud Charges

Being accused of fraud can have serious consequences, including criminal charges, fines, and even jail time. It's crucial to have a knowledgeable and experienced fraud defense attorney on your side to protect your rights and build a strong defense.

At Law Offices of J. Patrick Carey, we understand the complexities of fraud cases and will work tirelessly to defend you against these allegations. Our team will thoroughly investigate the charges against you, gather evidence, and develop a strategic defense strategy tailored to your unique situation.

Whether you are facing charges for identity theft, credit card fraud, insurance fraud, or any other type of fraud, we are here to help. today to schedule a consultation and start building your defense.

California Theft and Larceny Laws

Theft (also called larceny) is a crime against property under the laws of California. To prove theft, a prosecutor must establish the defendant’s intent to permanently take or withhold the property owner’s possession or right to the property. The prosecutor must prove the defendant’s specific intent to steal in order to establish the elements of the crime. Theft can take on many forms depending on the type of property taken. The offense can involve personal property, money, or real property, as well as the value of labor or services.

Theft can take place entirely without the owner’s knowledge. However, theft may also occur after the owner entrusted the property to the defendant for a temporary or ongoing purpose. For example, an owner who loaned or rented property to another might become a victim of theft if the other person does not return the property within a specified period of time or after the owner has sent a written request for the property’s return.

The California Penal Code distinguishes between petty theft and grand theft, which are the two degrees of theft under state law. The degree depends on the value of the property involved in the crime. Grand theft is a more serious offense than petty theft. Section 487 of the Penal Code establishes grand theft when the  theft involves property, money, or labor valued above $950. The Penal Code also includes exceptions to the requirement of a $950 value to elevate a charge from petty theft to grand theft. A prosecutor can charge a defendant with grand theft when the theft involves: over $250 in domestic livestock, farm goods, or aquacultural products; over $950 in labor conferred over a period of twelve months; any property taken from the victim’s person; any property that is a car, horse, livestock, or a firearm; and other specified circumstances.

While California state laws historically treated theft and larceny as distinct crimes, modern laws have consolidated the terms under the California Penal Code. Section 490a specifies that laws using the terms “larceny, embezzlement or stealing” should be read as if they contain the term “theft.” Accordingly, California theft and larceny laws are one and the same.

Defenses Against Theft and Larceny Charges

• Claim of ownership or right of possession
• Mistake of fact or law
• Owner’s consent
• Entrapment
• Intoxication resulting in a lack of intent to steal

Penalties and Sentences in California

The range of penalties and sentences for theft and larceny depend on the degree of the crime established by the prosecutor. Under California law, petty theft may be punished by a fine of up to $1,000, a term of imprisonment lasting up to six months, or both. For a petty theft of property valued below $50, a prosecutor has the discretion to charge the crime as a misdemeanor or infraction resulting in a fine of $250. However, prior criminal history may affect the prosecutor’s recommendations.

The Penal Code specifies punishment for grand theft as a term of imprisonment in county jail lasting up to one year or felony sentencing permitted by Section 1170(h) of the code. Felony sentencing may range from six months to three years, but prior criminal convictions can increase the severity of the sentence imposed by the state court or require imprisonment in state prison rather than in county jail. To obtain this type of sentence, the prosecutor must establish the circumstances of grand theft according to at least one of the provisions in the Penal Code.

Types of Theft and Fraud Cases We Represent

• Grand Theft
• Petty Theft
• Fraud
• Residential Burglary
• Commercial Burglary
• Robbery

Local Support for Fraud Defense in Torrance

If you're facing fraud charges in Torrance, having local legal defense is crucial. Both the Torrance Police Department and the Los Angeles County Sheriff's Department are at the frontline of fraud investigations. Additionally, our attorney Pat Carey brings over eight years of experience from the Los Angeles County District Attorney's Office, providing our firm with a unique insider perspective that we leverage in crafting your defense.
 

Residents of Torrance and the broader Los Angeles County area often confront the complex nature and severe implications of fraud charges, including fraud, residential burglary, or robbery. These offenses can result in serious penalties and enduring consequences.
 

The legal landscape can seem insurmountable, particularly with the nuanced fraud laws and the assertive approach of prosecutors. Our legal team is aware of the challenges that our Torrance community faces. With an insider's perspective on the local court systems, the strategies commonly deployed by local prosecutors, and the community's specific needs, we're well-prepared to navigate these waters. 
 

Our goal is to demystify your rights, create a robust defense, and steer your case toward a favorable resolution. Being well-acquainted with the area also enables us to offer practical advice and consistent support throughout your legal journey. We aim to help you move forward feeling confident and well-informed at each step.